Shri. Mothi T. Sangma, S/o Shri. Girish Marak vs State of Meghalaya represented by the Principal Secretary to the Government of Meghalaya, Health & Family Welfare Department, & Ors.

Heard Mr. P.T. Sangma, learned counsel for the petitioner as well as Ms. P. Agarwal, learned State counsel.

The brief fact of the petitioner''s case in a nutshell is that:

The petitioner is the absolute owner of the plot of land situated at Chokpotgre Village under Mouza No. 1-8, South Garo Hills District,

Meghalaya and had been staying for many years. Besides the petitioner, there are numbers of household/families, both private and public institution

or Government establishment who are located/situated in the same area/places since time immemorial, and the above mention residence had been

using one thoroughfare i.e. existing main road which is passing through the campus of the Office of the Medical and Health Officer In-charge-

Chockpot Community Health Centre, South Garo Hills, Meghalaya without any disturbances till the time when the State respondent erected the

wall blocking the public thoroughfare or existing public road. The total closure of main public thoroughfare/main public movement by the Medical

and Health Officer I/C Chokpot Community Health Centre without issuing any prior notice has caused great inconvenience to the petitioner as well

as to the public as a whole. And in this regard, the conglomeration of NGO''s of Chokpot area comprising of GSU, ADE, FKJGP, AAYF,

GHSMC and others have submitted the representation/application dated 16.09.2016 and 20.09.2016 requesting the State respondent to remove

the already erected post which block the main public thoroughfare/public road that is passing through the campus of Medical and Health Office I/C

Community Health Centre, Chokpot and to revoke/reconsider the arbitrary decision taken by the State respondent to construct the fencing wall

blocking the public thoroughfare, but the State respondent i.e. the Medical and Health Officer, I/C Chokpot Community Health Centre has totally

ignore the matter and have not response to their complaint/representations.

Therefore, being aggrieved by the act and action of the respondents, the petitioner is approaching before this Hon''ble Cort for its intervention.

The learned counsel for the petitioner submits that the respondent erected the wall and as a result, the petitioner''s entrance is blocked. So,

necessary directions may be issued.

On the other hand, in response to the submission advanced by the learned counsel for the petitioner, the learned State counsel submitted that,

eviction notice has been given, besides that the petitioner is illegally occupying the ''Gram Sevak Quarter'' allotted for the ''Headquarter - A Gram

Sevak'' at Chokpot, South Garo Hills District. Besides that, an alternative route has been constructed under the Scheme of ""Swachta Bharat

Mission"".

After hearing the submissions advanced by the learned counsel for the parties and on perusal of the enquiry report dated 11.05.2017 furnished

by the Addl. Deputy Commissioner, I/C Sub-Divisional Officer (Civil), Chokpot Civil Sub-Division supported by an affidavit in compliance with

the order dated 03.05.2017 passed by this Hon''ble High Court, it is apparent and clear that the boundary wall was constructed by barbed wire

and the petitioner has illegally occupied the ''Gram Sevak Quarter'' for some years and the house standing thereon does not belong to the

petitioner, it belongs to the Government. The enquiry report also further states that the route claimed by the petitioner is not the only route; there is

also an alternative route available. The finding of the enquiry report is reproduced herein below for ready reference:

The construction of boundary wall and goat proof & barbed wire boundary fencing by Chokpot CHC has, of course, caused blockade to the

approach road towards the Gram Sevak quarter illegally occupied by Shri Mothi T. Sangma for some years. However, one thing is clear that the

petitioner Shri Mothi T. Sangma himself is not having his own house there but he has been illegally occupying a Govt. quarter for some years

without the permission of BDO, Chokpot C&RD Block.

Moreover, it is not that approach road towards Gram-Sevak quarter where Shri Mothi T. Sangma has been using as approach road via Chokpot

CHC is the only approach road. There are alternative footpaths & a new alternative approach road has been constructed towards the area by the

Chokpotgre Village Employment Council (VEC) under MGNREGS in the year 2016. In addition to that the Gram Sevak quarter, Indoor stadium,

Post Office & Chokpot Secondary English School are very near from the main PWD road & from Chokpot Main Bazaar. On the other hand, the

reasons given by the authorities of the Medical & Health Department/ Chokpot CHC for construction of boundary wall & goat proof & barbed

wire boundary fencing around the CHC complex is found to be valid and genuine as the Department has to protect its land, buildings and other

property for security reasons, etc and also to comply with the ''Swachta guidelines'' for Public Health Services issued by the Govt. of India,

Ministry of Health & Family Welfare.

After perusal of the enquiry report and from the facts and circumstances of the case, it appears that, it is a case of dispute of facts and

alternative remedy is available under the Public Premises Act. Therefore, in my considered view no writ lies. Hence, the instant writ petition is

dismissed and stands disposed of.

No order as to costs.